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NAVY | DRB | 2012_Navy | ND1200632
Original file (ND1200632.rtf) Auto-classification: Denied

ex-AR, USN
Current Discharge and Applicant’s Request
Application Received: 20120125
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:      
         Narrative Reason change to:      

Summary of Service

Prior Service:
Inactive:         US N R (DEP)        20071206 - 20080302     Active:   NONE

Period of Service Under Review:
Date of Current Enlistment: 20080303     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20090626      Highest Rank/Rate: AA
Length of Service: Y ear M onth s 24 D a ys
Education Level:        AFQT: 69
Evaluation M arks:         Performance: 3.0 ( 1 )      Behavior: 1.0 ( 1 )        OTA: 2.17

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF :

NJP :

- 20080611 :      Article (Failure to obey order or regulation)
         Awarded: CCU Suspended:

- 20080921 :      Article (Failure to obey order or regulation)
         Article (General A rticle - disorderly conduct, drunkenness)
         Awarded: Suspended:

- 20090604 :      Article (Failure to obey order or regulation)
         Awarded : Susp ended: [Extracted from Evaluation Report and Counseling Record dated 20090613.]

S CM :   SPCM:   C C :

Retention Warning Counseling :

- 20080611 :       For wrongfully consuming alcoholic beverages while under the age of 21 on 20080601.

- 20081009 :       For alcohol abuse and underage drinking.








Types of Documents Submitted/reviewed

 Related to Military Service:
         DD 214:            Service/ Medical Record:            Other Records:   

Related to Post-Service Period:
         Employment:               Finances:                 Education/Training:     
         Health/Medical Records:           Rehabilitation/Treatment:                  Criminal Records:       
         Personal Documentation :           Community Service:                References:     
         Department of VA letter:                  Oth er Documentation:    
                  Additional Statements :
         From Applicant:            From /To Representation:            From /To Congress m ember :        

Pertinent Regulation/Law

 A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 23, 15 May 2008 until 22 November 2009, Article 1910-152, SEPARATION BY REASON OF ALCOHOL REHABILITATION FAILURE.

 B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .



DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1.        The Applicant seeks a change in his RE-code to reenlist into the Armed Forces.
2.       The Applicant contends his discharge was inequitable , because the level of alcohol treatment received in-service was insufficient compared to what he received post-service.
3.       The Applicant contends he received inadequate alcohol rehabilitation treatment in-service , therefore , he did not violate his aftercare program.
Decision

Date: 20 1 30117             Location: Washington D.C .        R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall .
Discussion

 The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included NAVPERS 1070/613 (Page 13) warnings and for o f the Uniform Code of Military Justice (UCMJ): Article (Failure to obey order or regulation , three specifications ) and Article (General A rticle - disorderly conduct, drunkenness) . Based on an alcohol-related incident after receiving alcohol rehabilitation treatment and because of the offenses committed by the Applicant, command administratively processed for separation. The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review . The Applicant met the requirements for administrative separation processing for Alcohol Rehabilitation Failure, Misconduct (Pattern of Misconduct), and Misconduct (Commission of a Serious Offense).

: (Nondecisional) The Applicant seeks a change in his RE-code to reenlist into the Armed Forces. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the B oard for Correction of Naval Records can make changes to reenlistment codes. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Issues 2-3 : (Decisional) ( ) . The Applicant contends his discharge was inequitable , because the level of alcohol treatment received in-service was insufficient compared to what he received post-servic e. The Applicant also contends he received inadequate alcohol rehabilitation treatment in service, therefore , he did not violate his aftercare program, thereby making his discharge improper. The Applicant’s medical record reflects he was evaluated and counseled by a c l inical psychologist on 4 June 2008 at Naval Hospital Pensacola FL due to misconduct related to an alcohol incident . The Applicant was provided with education appropriate to his needs and counseled to abstain from alcohol use until age 21. He was recommended to attend Level 0.5 IMPACT , which he completed in July 2008. On 21 September 2008 at NJP, the Applicant’s commanding officer found him guilty of violating UCMJ Article s 92 and 134, both of which were related to an alcohol incident. At this point, the Applicant met the requirements for administrative separation due to Alcohol Rehabilitation Failure as a result of having an alcohol-related incident after receiving alcohol rehabilitation treatment. Per Nav al Military Personnel Manual, (NAVPERS 15560C), Change 23, 15 May 2008 until 22 November 2009, Article 1910-152, SEPARATION BY REASON OF ALCOHOL REHABILITATION FAILURE , IMPACT alcohol rehabilitation treatment is considered a viable treatment option that can be considered when determining if a servicemember is an Alcohol Rehabilitation


Failure . His command, however, decided to retain the Applicant. On 9 October 2008, the Applicant received a Page 13 retention warning for alcohol abuse and underage drinking. On 6 November 2008 , the Applicant was diagnosed with alcohol abuse (Axis I) by a psychiatrist aboard USS RONALD REAGAN (CVN 76) and recommended for Level I Outpatient Treatment. The Applicant was found guilty at a third NJP in June 2009 for violating UCMJ Article 92 , was then processed for administrative separation , and received a lenient General characterization of service . Repetitive misconduct of the nature committed by the Applicant typically results in an Under Other Than Honorable Conditions characterization of service. The Applicant was given multiple opportunities to correct his alcohol abuse and was offered treatment, yet he continued to abuse alcohol and was properly and equitably discharged as an Alcohol Rehabilitation Failure. The fact that he received in-patient treatment at the VA after his discharge has no bearing on the propriety or equity of his discharge from the Navy. There is nothing in his records that shows he was either not responsible for his actions or should not be held accountable for his misconduct and continued alcohol abuse after receiving treatment. Relief denied.

Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries, and d ischarge p rocess, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain . The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. The Applicant is directed to the Addendum for additional information.


ADDENDUM: Information for the Applicant

 Complaint Procedures : If you believe the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000. You should read Enclosure (5) of the Instruction before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required. There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review.

 Service Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.
Employment/Educational Opportunities : The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

 Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the BCNR can make changes to reenlistment codes. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons. Only the BCNR can grant this type of narrative reason change.

 Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

Issues Concerning Bad-Conduct Discharges (BCD ): Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB Board are recorded on the original of this document and may be obtained from the service records by writing to:

 Secretary of the Navy Council of Review Boards
 Attn: Naval Discharge Review Board
 720 Kennon Street SE Rm 309
Washington Navy Yard DC 20374-5023

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